S-1395.1
SUBSTITUTE SENATE BILL 5366
State of Washington 68th Legislature 2023 Regular Session
By Senate Environment, Energy & Technology (originally sponsored by
Senators Nguyen, Cleveland, Dhingra, Hasegawa, Hunt, Kuderer, Liias,
Lovelett, Randall, Saldaña, Stanford, Valdez, and C. Wilson; by
request of Attorney General)
READ FIRST TIME 02/13/23.
1 AN ACT Relating to preventing utility shutoffs for nonpayment
2 during extreme heat; amending RCW 54.16.285, 57.08.081, 80.28.010,
3 87.03.015, 59.18.060, and 59.20.070; adding a new section to chapter
4 23.86 RCW; adding a new section to chapter 24.06 RCW; and adding a
5 new section to chapter 35.21 RCW.
6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
7 NEW SECTION. Sec. 1. A new section is added to chapter 23.86
8 RCW to read as follows:
9 (1) As used in this section, any locally regulated utility as
10 defined in RCW 23.86.400 may not effect, due to lack of payment, an
11 involuntary termination of electric utility service to any
12 residential user, including tenants of metered apartment buildings
13 and residents of mobile homes, on any day for which the national
14 weather service has issued or has announced that it intends to issue
15 a heat-related alert, such as an excessive heat warning, a heat
16 advisory, an excessive heat watch, or a similar alert, for the area
17 in which the residential user's address is located.
18 (2)(a) A residential user at whose dwelling electric utility
19 service has been disconnected for lack of payment may request that
20 the locally regulated utility reconnect service on any day for which
21 the national weather service has issued or has announced that it
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 1 intends to issue a heat-related alert, such as an excessive heat
2 warning, a heat advisory, an excessive heat watch, or a similar
3 alert, for the area in which the residential user's address is
4 located. The locally regulated utility shall inform all customers in
5 the notice of disconnection of the ability to seek reconnection and
6 provide clear and specific information on how to make that request,
7 including how to contact the utility.
8 (b) Upon receipt of a request made pursuant to (a) of this
9 subsection, the locally regulated utility shall promptly make a
10 reasonable attempt to reconnect service to the dwelling. The locally
11 regulated utility, in connection with a request made pursuant to (a)
12 of this subsection, may require the residential user to enter into a
13 payment plan prior to reconnecting service to the dwelling. If the
14 locally regulated utility requires the residential user to enter into
15 a repayment plan, the repayment plan must comply with subsection (3)
16 of this section.
17 (3) A repayment plan required by a locally regulated utility
18 pursuant to subsection (2)(b) of this section will be designed both
19 to pay the past due bill by the following May 15th, or as soon as
20 possible after May 15th if needed to maintain monthly payments that
21 are no greater than six percent of the customer's monthly income, and
22 to pay for continued utility service. The plan may not require
23 monthly payments in excess of six percent of the customer's monthly
24 income. A customer may agree to pay a higher percentage during this
25 period, but will not be in default unless payment during this period
26 is less than six percent of the customer's monthly income. If
27 assistance payments are received by the customer subsequent to
28 implementation of the plan, the customer shall contact the locally
29 regulated utility to reformulate the plan.
30 (4) On an annual basis, each locally regulated utility with more
31 than 25,000 retail electric customers in Washington must submit a
32 report to the department of commerce that includes the total number
33 of disconnections that occurred on each day for which the national
34 weather service issued, or announced that it intended to issue, a
35 heat-related alert. Locally regulated utilities with fewer than
36 25,000 retail electric customers in Washington must provide similar
37 information upon request by the department.
38 (a) Subject to availability, each locally regulated utility must
39 provide any other information related to utility disconnections that
40 is requested by the department.
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 1 (b) The information required in this subsection must be submitted
2 in a form, timeline, and manner as prescribed by the department.
3 NEW SECTION. Sec. 2. A new section is added to chapter 24.06
4 RCW to read as follows:
5 (1) As used in this section, any locally regulated utility as
6 defined in RCW 24.06.600 may not effect, due to lack of payment, an
7 involuntary termination of electric utility service to any
8 residential user, including tenants of metered apartment buildings
9 and residents of mobile homes, on any day for which the national
10 weather service has issued or has announced that it intends to issue
11 a heat-related alert, such as an excessive heat warning, a heat
12 advisory, an excessive heat watch, or a similar alert, for the area
13 in which the residential user's address is located.
14 (2)(a) A residential user at whose dwelling electric utility
15 service has been disconnected for lack of payment may request that
16 the locally regulated utility reconnect service on any day for which
17 the national weather service has issued or has announced that it
18 intends to issue a heat-related alert, such as an excessive heat
19 warning, a heat advisory, an excessive heat watch, or a similar
20 alert, for the area in which the residential user's address is
21 located. The locally regulated utility shall inform all customers in
22 the notice of disconnection of the ability to seek reconnection and
23 provide clear and specific information on how to make that request,
24 including how to contact the utility.
25 (b) Upon receipt of a request made pursuant to (a) of this
26 subsection, the locally regulated utility shall promptly make a
27 reasonable attempt to reconnect service to the dwelling. The locally
28 regulated utility, in connection with a request made pursuant to (a)
29 of this subsection, may require the residential user to enter into a
30 payment plan prior to reconnecting service to the dwelling. If the
31 locally regulated utility requires the residential user to enter into
32 a repayment plan, the repayment plan must comply with subsection (3)
33 of this section.
34 (3) A repayment plan required by a locally regulated utility
35 pursuant to subsection (2)(b) of this section will be designed both
36 to pay the past due bill by the following May 15th, or as soon as
37 possible after May 15th if needed to maintain monthly payments that
38 are no greater than six percent of the customer's monthly income, and
39 to pay for continued utility service. The plan must not require
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 1 monthly payments in excess of six percent of the customer's monthly
2 income. A customer may agree to pay a higher percentage during this
3 period, but will not be in default unless payment during this period
4 is less than six percent of the customer's monthly income. If
5 assistance payments are received by the customer subsequent to
6 implementation of the plan, the customer shall contact the locally
7 regulated utility to reformulate the plan.
8 (4) On an annual basis, each locally regulated utility with more
9 than 25,000 retail electric customers in Washington must submit a
10 report to the department of commerce that includes the total number
11 of disconnections that occurred on each day for which the national
12 weather service issued, or announced that it intended to issue, a
13 heat-related alert. Locally regulated utilities with fewer than
14 25,000 retail electric customers in Washington must provide similar
15 information upon request by the department.
16 (a) Subject to availability, each locally regulated utility must
17 provide any other information related to utility disconnections that
18 is requested by the department.
19 (b) The information required in this subsection must be submitted
20 in a form, timeline, and manner as prescribed by the department.
21 NEW SECTION. Sec. 3. A new section is added to chapter 35.21
22 RCW to read as follows:
23 (1) A city or town, including a code city, that owns or operates
24 an electric or water utility may not effect, due to lack of payment,
25 an involuntary termination of utility service to any residential
26 user, including tenants of metered apartment buildings and residents
27 of mobile homes, on any day for which the national weather service
28 has issued or has announced that it intends to issue a heat-related
29 alert, such as an excessive heat warning, a heat advisory, an
30 excessive heat watch, or a similar alert, for the area in which the
31 residential user's address is located.
32 (2)(a) A residential user at whose dwelling utility service has
33 been disconnected for lack of payment may request that the utility
34 reconnect service on any day for which the national weather service
35 has issued or has announced that it intends to issue a heat-related
36 alert, such as an excessive heat warning, a heat advisory, an
37 excessive heat watch, or a similar alert, for the area in which the
38 residential user's address is located. The utility shall inform all
39 customers in the notice of disconnection of the ability to seek
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 1 reconnection and provide clear and specific information on how to
2 make that request, including how to contact the utility.
3 (b) Upon receipt of a request made pursuant to (a) of this
4 subsection, the utility shall promptly make a reasonable attempt to
5 reconnect service to the dwelling. The utility, in connection with a
6 request made pursuant to (a) of this subsection, may require the
7 residential user to enter into a payment plan prior to reconnecting
8 service to the dwelling. If the utility requires the residential user
9 to enter into a repayment plan, the repayment plan must comply with
10 subsection (3) of this section.
11 (3) A repayment plan required by a utility pursuant to subsection
12 (2)(b) of this section will be designed both to pay the past due bill
13 by the following May 15th, or as soon as possible after May 15th if
14 needed to maintain monthly payments that are no greater than six
15 percent of the customer's monthly income, and to pay for continued
16 utility service. The plan may not require monthly payments in excess
17 of six percent of the customer's monthly income. A customer may agree
18 to pay a higher percentage during this period, but will not be in
19 default unless payment during this period is less than six percent of
20 the customer's monthly income. If assistance payments are received by
21 the customer subsequent to implementation of the plan, the customer
22 shall contact the utility to reformulate the plan.
23 (4) On an annual basis, each city or town, including a code city,
24 that owns or operates an electric or water utility with more than
25 25,000 retail electric customers or 2,500 water customers in
26 Washington must submit a report to the department of commerce that
27 includes the total number of disconnections that occurred on each day
28 for which the national weather service issued, or announced that it
29 intended to issue, a heat-related alert. Utilities with fewer than
30 25,000 retail electric customers or 2,500 water customers in
31 Washington must provide similar information upon request by the
32 department.
33 (a) Subject to availability, each utility must provide any other
34 information related to utility disconnections that is requested by
35 the department.
36 (b) The information required in this subsection must be submitted
37 in a form, timeline, and manner as prescribed by the department.
38 Sec. 4. RCW 54.16.285 and 1995 c 399 s 144 are each amended to
39 read as follows:
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 1 (1) A district providing utility service for residential space
2 heating shall not terminate such utility service between November 15
3 through March 15 if the customer:
4 (a) Notifies the utility of the inability to pay the bill((,
5 including a security deposit)). This notice should be provided within
6 five business days of receiving a payment overdue notice unless there
7 are extenuating circumstances. If the customer fails to notify the
8 utility within five business days and service is terminated, the
9 customer can, by ((paying reconnection charges, if any, and))
10 fulfilling the requirements of this section, receive the protections
11 of this chapter;
12 (b) Provides self-certification of household income for the prior
13 ((twelve)) 12 months to a grantee of the department of ((community,
14 trade, and economic development)) commerce which administers
15 federally funded energy assistance programs. The grantee shall
16 determine that the household income does not exceed the maximum
17 allowed for eligibility under the state's plan for low-income energy
18 assistance under 42 U.S.C. 8624 and shall provide a dollar figure
19 that is ((seven)) six percent of household income. The grantee may
20 verify information provided in the self-certification;
21 (c) Has applied for home heating assistance from applicable
22 government and private sector organizations and certifies that any
23 assistance received will be applied to the current bill and future
24 utility bills;
25 (d) Has applied for low-income weatherization assistance to the
26 utility or other appropriate agency if such assistance is available
27 for the dwelling;
28 (e) Agrees to a payment plan and agrees to maintain the payment
29 plan. The plan will be designed both to pay the past due bill by the
30 following October 15 and to pay for continued utility service. If the
31 past due bill is not paid by the following October 15, the customer
32 shall not be eligible for protections under this chapter until the
33 past due bill is paid. The plan shall not require monthly payments in
34 excess of ((seven)) six percent of the customer's monthly income plus
35 one-twelfth of any arrearage accrued from the date application is
36 made and thereafter during November 15 through March 15. A customer
37 may agree to pay a higher percentage during this period, but shall
38 not be in default unless payment during this period is less than
39 ((seven)) six percent of monthly income plus one-twelfth of any
40 arrearage accrued from the date application is made and thereafter.
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 1 If assistance payments are received by the customer subsequent to
2 implementation of the plan, the customer shall contact the utility to
3 reformulate the plan; and
4 (f) Agrees to pay the moneys owed even if ((he or she moves.
5 (2))) the customer moves.
6 (2) The utility shall:
7 (a) Include in any notice that an account is delinquent and that
8 service may be subject to termination, a description of the
9 customer's duties in this section;
10 (b) Assist the customer in fulfilling the requirements under this
11 section;
12 (c) Be authorized to transfer an account to a new residence when
13 a customer who has established a plan under this section moves from
14 one residence to another within the same utility service area;
15 (d) Be permitted to disconnect service if the customer fails to
16 honor the payment program except on the days indicated in subsection
17 (5) of this section. Utilities may continue to disconnect service for
18 those practices authorized by law other than for nonpayment as
19 provided for in this section. Customers who qualify for payment plans
20 under this section who default on their payment plans and are
21 disconnected can be reconnected and maintain the protections afforded
22 under this chapter by paying ((reconnection charges, if any, and by
23 paying)) all amounts that would have been due and owing under the
24 terms of the applicable payment plan, absent default, on the date on
25 which service is reconnected; and
26 (e) Advise the customer in writing at the time it disconnects
27 service that it will restore service if the customer contacts the
28 utility and fulfills the other requirements of this section.
29 (3) All districts providing utility service for residential space
30 heating shall offer residential customers the option of a budget
31 billing or equal payment plan. The budget billing or equal payment
32 plan shall be offered low-income customers eligible under the state's
33 plan for low-income energy assistance prepared in accordance with 42
34 U.S.C. 8624(C)(1) without limiting availability to certain months of
35 the year, without regard to the length of time the customer has
36 occupied the premises, and without regard to whether the customer is
37 the tenant or owner of the premises occupied.
38 (4) An agreement between the customer and the utility, whether
39 oral or written, shall not waive the protections afforded under this
40 chapter.
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 1 (5) A district providing electric or water utility service to
2 res